Portable Equipment Frequently Asked Questions - CA.gov
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Portable Equipment Frequently Asked Questions Note: This document contains interpretations of the regulations applicable to portable engines in California Code of Regulations, title 13, division 3, chapter 9, article 5, section 2450, et seq., and title 17, division 3, chapter 1, subchapter 7.5, section 93100, et seq. These interpretations were prepared by CARB staff working in the Statewide Portable Equipment Registration Program (PERP), and is subject to change at any time. The interpretations provided in this document are, by necessity, general in nature and may not be applicable in all situations. This document is provided for the convenience of the regulated community and is not a regulation. In all circumstances, these interpretations are CARB’s staff’s reasonable construction of the text of the regulations, and in the event of any differences the regulatory text controls over this document. PERP Forms are provided for the convenience of the regulated community. Applicability 1. What is the Portable Equipment Registration Program (PERP)? The Portable Equipment Registration Program (PERP) is a voluntary statewide program to register portable equipment such as air compressors, generators, concrete pumps, tub grinders, wood chippers, water pumps, drill rigs, pile drivers, rock drills, abrasive blasters, aggregate screening and crushing plants, and concrete batch plants. With certain limited exceptions, including a determination by a local air district that a permit is required for operation at a given location, portable equipment registered in PERP may operate throughout the state without obtaining permits from any of California's 35 air quality management or air pollution control districts (air districts). 2. What types of equipment must be registered in PERP? Nothing is required to be registered in PERP. Registration in PERP is voluntary. Any permit requirement from a local air district is mandatory. However, the type of portable equipment that needs an air district permit is determined by the local air district. Determinations by a district that a permit is required take precedent over PERP registration. An owner or operator of portable equipment that needs a permit for operation of the equipment at a given location may also register in PERP in lieu of having to get a permit from the air districts for operation at other locations.
June 19, 2019 Page 2 3. What does portable mean? The definition of “portable” is listed in section 2452(dd) of the PERP Regulation. Basically, it states that a piece of equipment is considered portable if it is capable of being moved to another location, such as by being installed on skids for lifting and placing onto a trailer, and does not reside at the same location longer than 12 consecutive months. 4. What does location mean? The definition of “location” is listed in section 2452(t) of the PERP Regulation. It states that location means any single site at a building, structure, facility, or installation. There is no definition of “site” in the PERP Regulation or Portable Diesel Engine Air Toxic Control Measure (Portable Diesel Engine ATCM), but the ordinary meaning is a discrete location. 5. Does the residency time start when the equipment is moved onsite or when it first starts operating? The definition of portable in section 2452(dd) of the PERP Regulation states that a piece of equipment may not reside at a location more than 12 consecutive months. Residency starts when the equipment is first brought onto the location. Operation of the equipment is irrelevant. 6. What about equipment in storage? Anytime a portable engine or equipment unit is located at a facility that is permitted by a local air district, it is recommended you consult with the local district regarding any operation or storage of the portable equipment. The amount of time that equipment is kept at a storage facility may not count towards the 12-month residence time requirement as determined by the local district. At a storage facility, the equipment would not be expected to operate, even for testing. However, if the equipment is kept “in storage” at or near a jobsite where it is expected to or will be used, that may count towards the residence time. Under PERP, if a portable engine was set up at a location in an operational configuration, but not operated, the time located at the facility would count towards the 12 month time period. 7. How long does equipment have to be moved away to a different location before it can be considered portable again? Section 2452(dd)(3) in the PERP Regulation prohibits the movement of equipment from one location to another and then returning to the initial location in an attempt to restart the 12-month clock. In order to start a new 12-month clock at any location, portable equipment must have been moved from a different location for a legitimate business purpose other than avoiding an air district permit requirement. It is recommended that you consult your local air district in these cases.
June 19, 2019 Page 3 8. What about equipment that returns to the same location occasionally? If portable equipment moves to different locations while performing legitimate functions at each location, returning to a previous location occasionally or regularly may be allowable depending on the situation. It is recommended that you consult your local air district in these cases. 9. I have a wood chipper and was told it needs a permit. Do I register the engine and the chipper together? The local air districts make the determination of what needs a permit and what doesn’t. Some districts may only require a permit for the engine as a source of combustion emissions. Some districts may require the chipper side of the machine to be permitted as well as a separate source of particulate matter (PM) (i.e., wood chips). If you need both permitted, they may register in PERP, but the engine and the chipper will be issued separate registrations. This may appear confusing to have two registrations for one machine, but the reason is that the emissions from each side are distinct, and therefore each side needs its own registration because the requirements are different. This means separate registration forms and fees are required for any equipment such as chippers that have both an engine and an equipment unit that produces distinct pollution, such as PM. 10. Can self-propelled equipment that is on tracks, such as rock crushers or tub grinders, register in PERP? The engine that powers such equipment for movement is not eligible for PERP and is generally not subject to a local district permit. The engine that provides motive power to the equipment would be subject to CARB’s Off-Road Regulation. More information about the off-road requirements can be found here: http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. The part of the machine that produces particulate emissions (e.g. crushers, grinders) is considered portable and is eligible for PERP. 11. If portable equipment never leaves the city or county (e.g. owned by local governments), can that still be registered in PERP? As long as the equipment meets the definition of portable (see question 3) and complies with other applicable PERP requirements, it may be registered in PERP even if it always stays within the boundaries of a single air district.
June 19, 2019 Page 4 12. Once registered in PERP, will I still need to get a district permit or comply with any district emission requirements? If operating onshore, the districts may not impose any additional requirements from their own rules on equipment registered in PERP, as long as all registration requirements are being met, and the district does not determine the equipment is part of the stationary source and requires a district permit. (See also question 13 below). Under certain circumstances, the PERP registration will not be valid at a specific location. The local air district may require a permit for the specific location where the PERP registration is not valid. The PERP registration will still be valid for other locations. Therefore, it is possible to have both a district permit and a PERP registration for the same piece of equipment. You may not operate the equipment under both a district permit and a PERP registration at the same location, however. If the district requires a permit to operate at a given location, the permit requirements control over the PERP registration requirements. For large projects, as stated in section 2455(a) of the PERP Regulation, if an onshore project commences operation in a district designated as extreme non- attainment for ozone and the total maximum rated horsepower of registered engines located simultaneously on the project site exceeds 2,500 brake horsepower (bhp), the person responsible for the project must notify the district in writing at least 14 days prior to startup. If the project exceeds 2,500 bhp after startup, the district must be notified within 72 hours of the exceedance. However, notification is not required for projects exclusively using Interim Tier 4 or Tier 4 Final engines and operating in remote locations (i.e. more than one-half mile from any school, business, hospital, residence, or daycare center). The district may request additional information regarding the project in order to perform an Air Quality Impact Analysis (AQIA). It is recommended that you consult your local air district in these cases. Offshore, within the State Territorial Waters (STW), the project may not commence operations until the local air district has given written authorization. The district may request additional information regarding the project in order to perform an Air Quality Impact Analysis (AQIA). The district also has the authority to impose emissions offsets for projects operating in the STW. 13. Can a portable generator register in PERP if it powers a building or stationary equipment? Registered engines may not operate as stationary sources of air pollution. Therefore, this type of operation is only allowed under very specific circumstances (e.g. electrical upgrades not exceeding 90 days, 72 hour district notification of
June 19, 2019 Page 5 stationary backup generator failure and 180 days for temporary replacement operation) which are listed in sections 2453(m)(4)(D) and 2453(m)(4)(E) of the PERP Regulation. Facilities that have interruptible rate agreements with the utilities may not use PERP-registered generators under those circumstances to supply power during periods when utility service is interrupted. 14. Are portable engines used at agricultural sources eligible for PERP? Engines owned by an agricultural source, that would otherwise be considered portable, are regulated as stationary, and therefore not eligible for PERP per section 2451(c)(8) of the PERP Regulation. As defined in section 93116.2(a)(2) of the Portable Diesel Engine ATCM, agricultural operations are those that involve growing and harvesting of crops or raising animals for profit, livelihood, or research. Agricultural sources do not include the processing or distribution of crops or fowl, or forest operations as defined in section 93116.2(a)(19) of the Portable Diesel Engine ATCM. Engines owned by a rental company or contractors providing a service to an agricultural source shall still be subject to the Portable Diesel Engine ATCM, but some districts may require even these engines to be permitted by the district as part of the agricultural source. It is recommended that you consult your local air district in these cases. 15. What about an engine that powers a portable asphalt batch plant? Any engine that meets eligibility requirements may be registered in PERP even though it powers equipment that is not eligible for PERP. Asphalt batch plants are not eligible for PERP per section 2457(e) of the PERP Regulation. This creates the situation where half the machine (engine) is registered in PERP while the other half (batch plant) is permitted by a district. 16. If there’s an emergency event, what do I need to do to operate my portable engine? If an unforeseen emergency event occurs as defined in section 2452(j) of the PERP Regulation, an unpermitted or unregistered certified portable engine or equipment unit may operate if the owner or operator notifies CARB within 24 hours. PERP Form 40 may be used to file this notification; please see question 24 for the link to program forms. Once filed, the equipment is considered registered for the duration of an emergency event not lasting longer than 12 months. Eligibility 17. How can I tell if my portable engine is eligible for PERP? The followings lists the engines that are eligible for PERP registration.
June 19, 2019 Page 6 For diesel engines: 1. Engines certified to the current emission tier (nonroad, on-highway, or marine), unless meeting compliance flexibility per section 93116.3.1 of the Portable Diesel Engine ATCM. 2. Engines rated at 50 bhp to 750 bhp, certified to the following federal emission tier levels: Tier 4 Final, Tier 4 Interim flex, or Tier 3 flex. 3. Engines rated over 750 bhp, certified to the following federal emission tier levels: Tier 4 Final, Tier 4 Interim, Tier 4 Interim flex, or Tier 2 flex. 4. Engines certified as “flexibility” (flex) per 40 CFR part 89.102 or 40 CFR 1039.625. 5. Certified engines, but not to current tier or “flex” standards, which are resident (see question 20). 6. Auxiliary engines on two-engine vehicles that are subject to the Off-Road Regulation (see question 93) or the Truck and Bus Regulation (see question 96) and are part of a fleet that is in compliance with the applicable regulation. It is recommended that you consult your local air district in these cases. 7. Engines on vessels subject to the Commercial Harbor Craft Regulation that meet eligibility requirements for current marine or nonroad certification standards listed in the PERP Regulation and are part of a fleet that is in compliance with the Harbor Craft Regulation, including the Harbor Craft Airborne Toxic Control Measure under California Code of Regulations, title 17, section 93118.5 (see question 97). It is recommended that you consult your local air district in these cases. 8. Tier 3 engines approved to operate in Hazardous Locations (HazLoc engines) per title 29 CFR 1910.307 or 1926.407. 9. Engines less than 50 bhp are eligible; however, please consult with your local air district to determine if a permit is even required. For spark-ignition engines: 1. Engines certified to the current tier spark-ignition emission standards (2007 model year and newer). 2. Engines that are not certified to the most current tier that are resident (see question 20). 3. Non-certified engines that meet emission standards in Table 1 of section 2456 of the PERP Regulation. Engines that have the same or equivalent emissions as the current tier, but are not certified, are not eligible. They must be certified to that tier level to meet eligibility requirements.
June 19, 2019 Page 7 18. What is the current emission tier? This is the emission standard that current model year engines are required by law to meet when built by the manufacturer. The current tier level at any given time is required to be noted on the latest version of PERP Forms 2 and 3. Please be sure to get the latest forms; see question 24 for the link to program forms. 19. How can I tell what tier my engine is? The tier depends on the model year and horsepower rating of the engine. There is a chart under the Non-road Diesel Engine Certification Tier Chart link on the PERP website: https://ww2.arb.ca.gov/our-work/programs/portable-equipment- registration-program-perp. You can look up specific engine family names to see what tier the engine was certified to under this link: https://www.arb.ca.gov/msprog/offroad/cert/cert.php. You will need the engine manufacturer, model year, and engine family name. For portable diesel engines, choose “Offroad Compression-Ignition Engines (Diesel)” as the category. Additionally, engine tier will be listed on each engine’s registration certificate and will also be reflected in the color of the PERP registration placard. Corresponding placard colors are shown in the Placard Color Guide:
June 19, 2019 Page 8 Portable Engine Tier/Equipment Type - Placard Color Guide Tier Color Diesel Tier 1 Red Tier 2 Brown Tier 3 Green interim Tier 4 Blue Tier 4 final Blue Tier 0* Green On-Highway MY
June 19, 2019 Page 9 21. What is a flexibility (flex) engine? These are certified engines that are built by the manufacturer to meet the previous emission tier standard after a new tier has taken effect. All engine manufacturers are allowed by the Federal EPA to build a certain amount of these engines every year. These engines will have specific language on the emission label to identify them as participating in this flexibility program, sometimes called the Transition Program for Equipment Manufacturers (TPEM), or the engine may have been included in the Averaging, Banking, and Trading (AB&T) program. A photograph of the engine label is required with the PERP application for these engines. 22. What are the deadlines to register my equipment? Unless you have an older tier engine and are applying for a change of ownership (see question 62) or are a large fleet opting into the fleet average option (see question 107), there are no specific “deadlines” to register new equipment, but any engine must meet eligibility requirements at the time the application is submitted. Please refer back to question 17 for more information on eligibility. 23. What happens if my portable engine is not eligible for registration in PERP? If your engine does not meet the PERP eligibility requirements, you must contact your local air district to inquire about permitting requirements. Although local air districts have the authority to issue permits for engines that do not meet the current nonroad or on-highway emission tier, exercising the authority is at their discretion and some districts may choose not to issue a permit for these engines. Applications and Fees 24. Where do I get PERP forms? Application forms with instructions can be downloaded under the Forms & Requirements link on the PERP website: https://ww2.arb.ca.gov/our- work/programs/portable-equipment-registration-program-perp. Forms are not required to be used and are provided for the convenience of program registrants. 25. How do I apply for a registration in PERP? PERP application forms with instructions are listed on the PERP website; please see question 24 for the link to program forms. Please do not submit payment with your application forms. You will be mailed a billing invoice for the amount of fees required after we deem your equipment PERP eligible.
June 19, 2019 Page 10 At this time CARB does not accept electronic applications. Please mail the completed application forms to this address: CARB/PERP P.O. Box 2038 Sacramento, CA 95812 26. What does the PERP registration cost? The fees for portable equipment registration are noted in section 2461.1 of the PERP Regulation. Once we have deemed your equipment PERP eligible, we will mail you a billing invoice for the fees required to complete the application and issue registration. Common registration fee amounts for initial registration and renewal requests are shown below. Initial registration: 1. Engine or pile driver is $805 (includes placard; does not include engine inspection discount). 2. Equipment unit is $490 (includes placard). Renewal registration: 1. Engine or pile driver is $735 (does not include placard or engine inspection discount; subject to penalty fee for late renewal). 2. Equipment unit is $420 (does not include placard; subject to penalty fee for late renewal). Tactical Support Equipment (TSE) registration fees are determined on a per unit basis for both initial TSE registration and TSE annual updates. 27. Can I fax in or email my application? No. We do not accept applications or renewal invoices via fax or email, provided for in section 2453(h). If you are in contact with a specific PERP staff person regarding an application already in process, we will accept via email supplemental information that does not involve payment. 28. What is the street address for sending in an application? Your application may be delayed if sent to CARB’s street address via the U.S. Postal Service, FedEx, UPS, or other alternate delivery service. Please send applications to the P.O. Box address listed on Form 1 (and also question 25).
June 19, 2019 Page 11 29. I don’t know what this equipment is that is listed on my billing invoice, how can I get more information? The equipment type, request type (initial registration, renewal, etc.), and serial number are listed on the billing invoice based on the forms you recently submitted. If you are still unable to identify what equipment is listed on the billing invoice, you may contact PERP staff directly to see if they can gather more information from the forms that you recently submitted to the program. Regarding renewal invoices, please see question 49. 30. Why are there no registration numbers on the billing invoice? The attachment page of the billing invoice references each request by the engine or equipment unit serial number. Registration numbers are not listed because initial registrations are not assigned registration numbers until the evaluation is complete and registration is approved. 31. What if I want to cancel my application request after I receive a billing invoice? If you receive a billing invoice and decide that you no longer want to continue with the request, please contact PERP staff immediately for instructions. 32. If I overpay on the billing invoice, do I get a refund? When returning a billing invoice, please make sure you are only paying the total amount due on the billing invoice. Fees submitted for registration are non- refundable per section 2461(b) of the PERP Regulation. 33. How can I check on the status of my application? You may contact PERP staff directly by phone or email to check on the status of any application or renewal. Section 2453(e) of the PERP Regulation allows for a maximum processing time of 90 days from when the application is deemed complete, including all applicable fees. Generally, registrations are issued within 30-60 days of CARB’s receipt of the returned billing invoice and payment. 34. Can my portable equipment be operated while the PERP application is being processed? If you are registering a Tier 4 Final diesel-fueled engine or a current tier spark- ignition engine, a temporary registration for the engine will be issued upon request from the applicant and if the application forms are complete. Temporary registration requests for Tier 4 Final diesel-fueled engines must include Form 1, Form 2, and Form 6. Temporary registration requests for current tier spark- ignition engines must include Form 1, Form 3, and Form 6. Please see question 24 for the link to program forms. Temporary registrations expire 3 months from the date of issuance and are issued with the billing invoice. It is strongly
June 19, 2019 Page 12 recommended that all registration fees are paid by the due date noted on the billing invoice in order to keep the application process moving. Registered equipment changing ownership may operate if the registration is current (not expired) and the change of ownership application is filed within 30 days following the change (see questions 62 and 63). For all other engines and equipment units, the portable equipment is deemed registered beginning at the time the registration documents, stickers, and placard are issued and not before. Until that time, you should contact the local air districts if you want to operate. Some air districts may allow portable equipment to operate while the PERP application is being processed, while other districts will not. 35. What forms do I use for engine replacement? It depends on why the engine was replaced. To identify whether the replacement is identical, the replacement must meet the identical replacement definition in section 2452(r) of the PERP Regulation. If the original equipment failed unexpectedly and you replaced it with an identical engine (e.g. same manufacturer and bhp rating), then you may submit an identical replacement application using Form 21 and Form 2. Please see question 24 for the link to program forms. You must also submit documentation (e.g. work order, repair diagnosis) of the equipment failure in order to qualify for an identical replacement. If you replaced the engine for any other reason, then you must submit an initial registration application. You may not substitute an engine on a registration using a serial number correction request. 36. How do I contact the local air districts? For a listing of contact information for all the local air districts, you may visit this website: http://www.arb.ca.gov/capcoa/roster.htm. Registration Documents 37. What do I receive as proof my portable equipment is registered? Registration materials are sent via mail only to the applicant’s mailing address indicated on Form 1. The materials include 4 components: registration certificate, operating conditions, a metal placard with an identification sticker affixed, and an additional sticker. PERP registration documents and metal placards are typically mailed separately. The requirements for displaying registration materials are listed in the operating conditions. Separate instructions
June 19, 2019 Page 13 are included with the registration materials for placement of the metal placard. See question 19 for corresponding placard color. 38. How long does it take to receive the registration materials? It depends on the complexity of the application submitted, but generally registrations are issued within 30-60 days of CARB’s receipt of the returned billing invoice and payment. Section 2453(e) of the PERP Regulation allows for a maximum processing time of 90 days from when the application is deemed complete, including payment of all applicable fees. 39. What are the requirements for displaying registration materials? The requirements for displaying registration materials are listed in the operating conditions. Separate instructions are included with the registration materials for placement of the metal placard. 40. When will I get my registration now that you have received my payment? Processing times are generally between 30 and 60 days. Section 2453(e) of the PERP Regulation allows for a maximum processing time of 90 days from when the application is deemed complete, including payment of all applicable fees. 41. Why did I get two separate stickers for each registration? Technically, only one identification device is required to be placed on the registered engine or equipment unit per section 2453 (f) of the PERP Regulation. Currently, putting one sticker on the placard and placing that placard on the associated engine or equipment unit satisfies this requirement as well as the placard requirement listed in section 2453 (q) of the PERP Regulation. 42. Why do some of my registrations have different colored placards? The colored placards correspond to engine tiers to help readily identify the tier of the engine. See question 19 for corresponding placard color. 43. How do I get a replacement sticker, placard, and/or registration documents? These may be requested using PERP Form 23. Please see question 24 for the link to program forms. 44. Do I still have to pay for replacement registration materials even if I never received them in the first place? Yes. CARB is not responsible for misdelivered mail.
June 19, 2019 Page 14 45. If my operating conditions still have the old requirements because they were issued before the November 2018 revisions to the PERP Regulation, which requirements apply? All PERP registered Tier 1 engines will receive updated registration documents, stickers, and placards prior to the 2020 phase out date. For the remaining PERP registrations, CARB is in the process of updating these operating conditions upon renewal, but they will not be all completed until December of 2021. The requirements in the current PERP Regulation apply until registration is renewed and new conditions are issued. You should contact PERP staff directly if you have any questions. 46. Can I return my registration materials in exchange for a refund? No. Fees submitted for registration are non-refundable per section 2461(b) of the PERP Regulation. Renewals 47. My registration(s) expire later this year, what form do I fill out to renew? There is no form for renewal. You will receive a renewal invoice approximately 90 days before the expiration date. This renewal invoice must be completed and returned. If you haven’t received a renewal invoice by 90 days prior to the expiration date of your registrations, please contact PERP staff directly to resolve this problem. 48. Why is the due date for submitting my renewal invoice 2 months before the registration expires? The time frame for renewal is specified in section 2462(b) of the PERP Regulation. This allows time for CARB staff to process the payment and issue renewal registration materials before the expiration date. 49. I don’t know what this equipment is that is listed on my renewal invoice, how can I get more information? The registration certificate contains a complete description of the registered engine or equipment unit which should help you identify the equipment listed on the renewal invoice. This registration certificate is required to be kept onsite with the registered engine or equipment at all times. If you are still unable to identify what equipment is listed on the renewal invoice, you may contact PERP staff directly to see if they can gather more information from the application forms that you originally submitted to the program. Regarding billing invoices, please see question 29.
June 19, 2019 Page 15 50. How do we cancel the registration for the equipment listed on the renewal invoice? For engines or equipment units that are listed on a renewal invoice you have two options: 1. Just do nothing and the registration will expire naturally; or 2. You may return the renewal invoice, marking “N” in the “Renewing?” column next to that equipment, indicating that you do not wish to renew the registration. If you want to renew some and not others, please clearly indicate which equipment you want to renew by marking “Y” in the “Renewing?” column next to that equipment. There is no need to send in any additional forms with the renewal invoice for cancellation of the ones you do not wish to renew. 51. How long is PERP registration good for? In most cases, the registration expires 3 years from the month it was originally issued. However, if the registration has lapsed, it will be reissued with a new 3 year expiration date from the date it was re-issued. Some registrations for older tier engines are subject to the tier phase-out schedule in section 93116.3(c)(1) of the Portable Diesel Engine ATCM or cut-off dates due to other diesel in-use rule requirements, and may be issued with less than a 3 year registration cycle. 52. My renewal invoice was sent to someone that no longer works here or sent to the wrong address. How do we fix that? It is the responsibility of the company or agency that has equipment registered in PERP to keep all information accurate and current with CARB. If at any time company or contact information needs to be updated, this is required to be done by submitting PERP Form 22. Please see question 24 for the link to program forms. 53. Are hour meter readings required in order to renew my registration? Yes, hour meter readings are required for registered diesel engines as stated in section 2458(k) of the PERP Regulation. The owner must also list the date the reading was taken and the reading must be within 12 months of the registration’s expiration date. 54. How do I request a placard with my registration renewal? A placard may be requested using PERP Form 23; please see question 24 for the link to program forms. Please send the Form 23 with the renewal invoice in order to process both requests simultaneously. In addition to the renewal fee, the fee for placard replacement will be included on the billing invoice.
June 19, 2019 Page 16 55. How do I renew my expired registration? If eligible, expired registrations may be reactivated by submitting PERP Form 18; please see question 24 for the link to program forms. Please be aware that expired registrations for diesel-fueled, noncertified (Tier 0) engines and certified engines that are subject to the phase out dates listed in section 93116.3(c)(1) of the Portable Diesel Engine ATCM will not be reactivated. 56. If my registered engine does not meet Tier 4 Final, will I be able to continue renewing it? Older tier portable engines are subject to the fleet requirements in section 93116.3(c) of the Portable Diesel Engine ATCM. There are multiple factors that will determine whether you will be able to renew your registration. Please refer to question 105 for information regarding the longevity of older certified engines. Change of Ownership 57. I just sold some of my portable equipment, what do I need to do? If your company has opted into the fleet averaging option, you are required to submit a fleet report if removing an Interim Tier 4 or Tier 4 Final engine from your fleet. If your company is following the phase out schedule or the engine is not Interim Tier 4 or Tier 4 Final and the engine registration appears on your next renewal invoice, you can simply not renew that unit, and it will expire at no consequence. However, we do recommend you notify us and keep our data management system up to date with only the engines you actually own. To do so, you may send a request to cancel the registration to CARB using PERP Form 22; please see question 24 for the link to program forms. Change of ownership applications will not be approved for Tier 1, 2, and 3 engines (including flex engines certified to those tiers) after the dates listed in section 2453(o) of the PERP Regulation. This date is also listed on the registration’s operating conditions. Also, any person selling an engine subject to the Portable Diesel Engine ATCM in California must provide the disclosure statement located in section 93116.3(f) of the Portable Diesel Engine ATCM. 58. Can I combine sales disclosures for equipment under multiple CARB regulations? Yes, as long as all of the disclosure language in each applicable regulation is listed in the combined disclosure. A document that contains the combined disclosure of applicability for Off-Road, Truck and Bus, and PERP can be downloaded under
June 19, 2019 Page 17 the Public Notification & Outreach link on the PERP website: https://ww2.arb.ca.gov/our-work/programs/portable-equipment-registration- program-perp. 59. Can I sell my registered engines in California? There are circumstances where selling a portable diesel-fueled engine to an end user in California will be prohibited. As listed in section 93116.3(e)(2) of the Portable Diesel Engine ATCM and in the registration’s operating conditions, selling older tier engines will be prohibited based on the tier and, in some circumstances, date of manufacture of the engine. Noncertified (Tier 0) portable diesel-fueled engines cannot be sold in California. 60. What if I didn’t sell the equipment, but I still want to cancel the registration? To cancel a registration, you may submit a PERP Form 22; please see question 24 for the link to program forms. There is no fee for cancellation. If you have already received a renewal invoice for this equipment, please refer back to question 50. 61. Since I just sold a piece of registered equipment, can I get a refund of the registration fees? No. Fees submitted for registration are non-refundable per section 2461(b) of the PERP Regulation. 62. I just purchased a piece of portable equipment, what do I need to do? If the portable equipment was registered in PERP, even if the registration has expired, the new owner must submit a change of ownership application within 30 days of purchase date, per section 2453(n) of the PERP Regulation. The form for change of ownership is PERP Form 19; please see question 24 for the application forms link. If your company is using the fleet averaging option, you also need to submit a fleet report with your application, demonstrating fleet compliance with the addition of the new engine registration. You are allowed to operate the equipment while your change of ownership application is being processed. 63. What if I neglected to submit a change of ownership application within 30 days of the purchase date? If a change of ownership application is not submitted within 30 days after the purchase date, then the new owner may not operate and the registration is invalid under PERP Regulation section 2453(n). The new owner may also be subject to enforcement action by the local air district.
June 19, 2019 Page 18 Recordkeeping and Reporting 64. What are the recordkeeping requirements for PERP? Except for pile drivers, engines on cranes, engines on privately owned street sweepers, engines on water well drilling rigs, two engine vehicles, military tactical support equipment (TSE), and certified engines owned by providers of essential public services (PEPS), written records of operation must be kept for all engines and equipment units registered in PERP. The specifics are listed in the operating conditions of each registration. 65. Can I use another method for recordkeeping besides the forms on your website? The use of PERP recordkeeping forms is not mandatory; however, their use is strongly encouraged and are intended to make the PERP program less burdensome. CARB staff created these forms for those who did not want to come up with something on their own, but they are optional. Please see question 24 for the link to program forms. As long as the records contain all the required information as specified in the Portable Diesel Engine ATCM, PERP Regulation, and the operating conditions of the registration, you may use whatever written method of record keeping you wish. It is advisable to contact the local air districts in which you will be operating, since they will be checking your records and may initiate enforcement action if your records are deficient. 66. What is PEPS and how do I know if my company is a PEPS? Provider of Essential Public Services (PEPS) is defined in section 2452(hh) of the PERP Regulation. It includes utilities (water, power, sanitation, etc.), public agencies, local governments, telecommunications companies, and airlines. Typically, contractors, oilfield companies, construction companies, and rental companies are not designated as PEPS. 67. What are the annual reporting requirements for PERP? Annual reports are not required for registered engines except for engines designated as low use. Annual reports for equipment units are required and comprise summaries of the equipment unit’s operation for the calendar year. The specific requirements for the annual reports are listed in the operating conditions of each registration. 68. What forms do I use for annual reporting? CARB staff have made user-friendly reporting forms for registrants to use, but the use of the forms are not required. Registrants may submit written reports via regular mail or email in whatever format they wish, as long as they contain all the required information. The annual reporting form for equipment units is PERP
June 19, 2019 Page 19 Form 54, and PERP Form 55 for low-use engines. Please see question 24 for the link to program forms. 69. When are the annual reports due? Annual reports are due to CARB by March 1st of each year for the operation during the previous calendar year. 70. Where do I send the annual reports? Please submit annual reports to this address: CARB/PERP P.O. Box 2038 Sacramento, CA 95812 Alternately, the reports may be emailed to portable@arb.ca.gov. 71. Do I have to send in annual reports for registrations that expired? Yes. You must submit the report for the portion of the year that the registration was active. Notification 72. What are the notification requirements for PERP? • District notification is not required for onshore operation of registered engines. • If any equipment unit will reside at a location for more than 5 days, the operator must notify the local air district in writing within 2 working days of commencing operations, under section 2459(a) of the PERP Regulation. The 5-day residency trigger starts when the equipment unit is brought onto the location, not when it starts to operate. Notification is not to be made to CARB. CARB has set up a convenient electronic notification system under the Air District Notification link on the PERP website: https://ww2.arb.ca.gov/our-work/programs/portable-equipment- registration-program-perp. • In addition, rental companies are no longer required to send notification to the local district for rental transactions that exceed 9 months. • Registered engines scheduled to operate in state territorial waters (STW) require notification directly to the district at least 14 days in advance of commencing operation, under section 2459(d) of the PERP Regulation.
June 19, 2019 Page 20 73. Are pile drivers/diesel hammers required to notify the district? The 5-day notification requirement as described above is only applicable to equipment units. Pile drivers/diesel hammers are not considered equipment units. 74. Is the 5 day notification trigger calendar days or working days? It is calendar days, and includes days of non-operation. 75. Is notification required to be made prior to or after start of operations? If an equipment unit will be at a location for more than 5 days, the operator must notify the district within 2 days of commencing operation. Operation in state territorial waters (STW) requires notification directly to the district at least 14 days in advance of commencing operation. Please contact your local air district if you have further questions regarding the timing of notification. 76. If an equipment unit that is portable only operates one day per week for 4 weeks (less than 5 total days), is notification triggered? Notification is triggered if the equipment unit is at one location for more than 5 consecutive days regardless of how many days it operates. If an equipment unit is removed from a location and returned for one day each time, notification may not be required if there is a mutual agreement between the operator and the district. Inspections and Enforcement 77. How does the arranged inspection work? Once new registration documents have been received either upon initial application or renewal, the registrant must contact the designated home district within 45 days to arrange an appointment for the inspection. The arranged inspection must occur within 1 year of the registration issuance. 78. What is a home district? A home district is defined in section 2452(q) of the PERP Regulation as the local air district in which the registered engine or equipment unit will operate most of the time. It is unit specific, so it may vary from piece to piece. The home district for each unit is listed on the registration certificate. 79. Can the home district be changed after registration is issued? The home district may only be changed upon renewal or at the request of a local air district per sections 2453(j)(2) and 2453(j)(3) of the PERP Regulation, respectively. There is a place on the renewal invoice to indicate a change, as well as on PERP Form 18 (reactivation) and PERP Form 19 (change of ownership with
June 19, 2019 Page 21 renewal only). Please see question 24 for the link to program forms. If you made a mistake when you initially chose your home district, please refer to question 80 below. 80. What if my registered equipment is not operating in my designated home district at the time inspection is due? The registrant is still required to contact the designated home district to arrange an inspection, even if a mistake in designating a home district was made upon initial registration or renewal. The home district will most likely make other arrangements for the inspection to be performed. 81. What happens to the inspection if equipment is out of state? Per section 2460(b)(8) of the PERP Regulation, if the registered engine or equipment unit is out of state when the inspection is due, the registrant must inform the home district of this fact in writing within 45 days after registration issuance. Once it has returned to California, it must be inspected within 30 days. 82. What happens if an inspection appointment is missed? Per section 2460(b)(6) of the PERP Regulation, the inspection must be rescheduled to occur no later than 90 days after the original appointment. 83. Can the districts conduct inspections outside of the arranged time frame? Per section 2460(c) of the PERP Regulation, the districts may perform additional non-arranged inspections on registered equipment at any time, but they may not charge fees to the registrant for these additional inspections. 84. Is military Tactical Support Equipment (TSE) to be inspected per the arranged inspection program? No. The district may conduct inspections of TSE at any time. Per section 2461(j) of the PERP Regulation, the district may charge a $90 inspection fee per TSE unit inspected on an annual basis, but the total bill shall not exceed the actual cost of performing the inspections. 85. What is the multiple-engine inspection discount and how does it work? If it is possible for a registrant to bring together 4 or more engines to be inspected together at the same time, then a discounted inspection fee may be requested upon initial application or upon renewal. The discount is not based simply on how many engines a company has registered. It is required by section 2460(b)(7) of the PERP Regulation that a letter of intent to have a multiple-engine inspection be sent to the home district within 45 days of initial registration or by January 30 of each year for renewals. Failure to qualify for the discount when the actual inspection occurs, such as by failing to have the designated engines and
June 19, 2019 Page 22 records present, may result in the district billing the fleet owner for the difference in full fees and discounted fees. If there have been multiple instances in which the multiple-inspection discount requirements were not met, the district has the authority to request that CARB prohibit future multiple-engine inspection discounts for the fleet owner. 86. Can engines that have not yet been renewed be included in the group inspection in order to qualify for the inspection discount? If a registrant chooses the discounted inspection fee, PERP staff will in most cases accept this request at the time it is submitted. It is the responsibility of the registrant and the local air district to determine if the requirements for the multiple engine inspection fee discount have been met at the appropriate time. That being said, the PERP Regulation is very specific about the time frame for arranged inspections. They must occur within one year after initial registration or renewal registration documents are issued per section 2460(b)(1) of the PERP Regulation. This means that registered engines that have not been renewed may not have an arranged inspection. Therefore, according to the PERP Regulation, engines that have not yet been renewed should not be added to the group inspection in order to qualify for the inspection fee discount. Ultimately, whether or not any specific engine has been inspected according to the appropriate time frame is to be worked out between the local air district and the registrant. However, engines that are renewed less than one year apart may be included in the multiple-engine discount. For example, consider a company that has 2 engines that renew in March of this year and 3 others that renew in August of the same year. The owner may have all 5 engines grouped together for an inspection after they are all renewed (e.g. November of that year). As stated above, the intent to participate in a multiple engine inspection must be sent in writing to the home district in advance of the inspection. CARB strongly encourages fleet operators to coordinate closely with air districts regarding the arranged inspection process. 87. If I paid full inspection fees, but then later realized I could bring multiple engines together for a group inspection, can I get a refund since I now qualify for the discount? No. This multiple-engine discount has to be chosen in advance. Therefore, registrants should give careful consideration to selecting this option as being able to comply with this provision will take significant planning on their part. Because these inspection fees are paid upon initial registration or renewal and subsequently passed on to the local air districts, we are not able to issue a refund in situations where alterations occur due to inspection planning or schedule.
June 19, 2019 Page 23 88. Can I align the expiration dates for my registered engines in order to qualify for the discount? No. Once registration is issued, the expiration date may not be changed. 89. Can the CARB help me with a Notice of Violation I received from the local air district? The local air districts have the primary responsibility to determine whether a registered engine or equipment unit is in compliance with any applicable requirement as specified in the PERP Regulation and Portable Diesel Engine ATCM. Because the districts have the primary enforcement role for the program, CARB staff who implement the program on a daily basis will typically not get involved with specific enforcement actions, but will always be available to provide information related to all requirements in the PERP Regulation and Portable Diesel Engine ATCM. However, CARB’s Enforcement Division or Office of Legal Affairs may assist the districts with specific enforcement actions, if requested to do so by a district. Portable Diesel Engine Airborne Toxic Control Measure (Portable Diesel Engine ATCM) 90. What is the Portable Diesel Engine ATCM? It is the airborne toxic control measure designed to reduce the particulate matter (PM) emissions from portable diesel fueled engines rated at 50 bhp or larger. PM emission from diesel-fueled engines was identified as a toxic air contaminant in 1998, and this Portable Diesel Engine ATCM is one of several control measures developed since then to reduce the toxic health risk from these emissions. 91. Who is subject to the Portable Diesel Engine ATCM? Any portable diesel engine rated 50 bhp or greater is subject to this Portable Diesel Engine ATCM with the exceptions noted in question 92 below. It does not matter if the engine is registered in PERP, permitted with a local air district, or unpermitted. 92. Are there any general exemptions from the Portable Diesel Engine ATCM? The following types of portable engines are not subject to the Portable Diesel Engine ATCM at all: • Engines rated at less than 50 bhp; • Engines used exclusively on two-engine vehicles; • Engines used exclusively on two-engine cranes;
June 19, 2019 Page 24 • Engines used exclusively on privately owned two-engine street sweepers; • Engines used on two-engine water well drilling rigs; • Engines used on dedicated two-engine snow removal vehicles; • Engines used exclusively on harbor craft; • Engines used to propel vehicles or mobile equipment of any kind; • Engines owned by an agricultural source; • Engines using a fuel other than diesel; • Engines used exclusively to alleviate the threat of public health and safety during an emergency event; • Engines approved to operate in hazardous locations and meet Tier 3 emission standards; and • Engines owned by the military and used in tactical support equipment. 93. What are the requirements for my two-engine crane? Two-engine cranes are subject to CARB’s In-Use Off-Road Diesel-Fueled Fleets Regulation. For more information on applicable requirements of the Off-Road Regulation, please visit the following website: http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. It is important to note that even though it is subject to the Off-Road Regulation, some local air districts may still require a permit for the upper engine on a crane. It is recommended that you consult your local air district in these cases. An owner or operator of a portable engine that needs a permit may then choose to register in PERP in lieu of having to get a permit from the air districts. In this situation, the upper crane engine will have both a PERP registration and an engine identification number (EIN) from the Diesel Off-Road Online Reporting System (DOORS) program. 94. What are the requirements for my two-engine Water Well Drilling Rig? These vehicles are treated the same as two-engine cranes (see question 93) under the Portable Diesel Engine ATCM and PERP. However, there may be differences in the requirements of the Off-Road Regulation, so you should check with that program for more information. It is also recommended that you consult your local air district in these cases. 95. What are the requirements for my two-engine vehicles? Two-engine vehicles must meet the definition of two-engine vehicle in the Off- Road Regulation in order to be treated the same as two-engine cranes (see question 93) under the Portable Diesel Engine ATCM and PERP. If the two-engine vehicle does not meet that definition, the auxiliary engine needs to meet requirements of the Portable Diesel Engine ATCM and PERP Regulation in order to be registered in PERP. It is recommended you check with the Off-Road
June 19, 2019 Page 25 program for more information. It is also recommended that you consult your local air district in these cases. 96. What are the requirements for my two-engine street sweeper? First, it depends on whether the street sweeper is privately or publicly owned. If publicly owned, then the drive engine is subject to the Public Fleet Rule and the auxiliary engine is subject to the Portable Diesel Engine ATCM. If the sweeper is privately owned, then both engines are subject to CARB’s Truck and Bus Rule. For more information on applicable requirements of the Truck and Bus Rule, please visit the following website: http://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm. It is important to note that even though it is subject to the Truck and Bus Regulation, some local air districts may still require a permit for the auxiliary engine on a street sweeper (the one that powers the brushes). It is recommended that you consult your local air district in these cases. An owner/operator of a portable engine that needs a permit may then choose to register in PERP in lieu of having to get a permit from the air districts. In this situation, the rear sweeper engine will have registration in both PERP and the Truck Regulation Upload, Compliance and Reporting System (TRUCRS). 97. What are the requirements for an engine on a vessel? For more information on applicable requirements of the Harbor Craft Regulation, please visit the following website: https://ww2.arb.ca.gov/our- work/programs/commercial-harbor-craft. It is important to note that even though it is subject to the Commercial Harbor Craft Regulation, the auxiliary engine on a vessel still technically meets the definition of portable. Therefore, the local air districts may still require a permit for this engine. It is recommended that you consult your local air district in these cases. An owner or operator of a portable engine that needs a permit may then choose to register in PERP in lieu of having to get a permit from the air districts. To register in PERP, an auxiliary engine on a vessel would have to meet eligibility requirements for current marine or nonroad certification standards listed in the PERP Regulation and be part of a fleet that is in compliance with the Harbor Craft Regulation. If an engine on a vessel does not meet these eligibility requirements for PERP, the owner may seek permits with the local air district. 98. What are the requirements for my snow blower? The engines (both propulsion and auxiliary) on dedicated snow removal vehicles are exempt from all CARB emission regulations. However, this exemption does not apply to detachable snow blowers. Detachable snow blower engines are still subject to the Portable Diesel Engine ATCM. In addition, the auxiliary engine on
June 19, 2019 Page 26 snow removal vehicles may still be subject to local air district permitting. It is recommended that you consult your local air district in these cases. 99. Can I derate my engine to less than 50 bhp so it is not subject to the Portable Diesel Engine ATCM? No. The Portable Diesel Engine ATCM is applicable to portable diesel engines with a maximum rated horsepower of 50 or greater. Maximum rated horsepower is defined in section 93116.2(a)(24) of the Portable Diesel Engine ATCM as the brake horsepower rating specified by the engine manufacturer and listed on the nameplate of the engine. Any derating for the purposes of Portable Diesel Engine ATCM applicability must be performed by the manufacturer and a new engine nameplate showing the lower horsepower rating would have to be issued by said manufacturer. 100. Can noncertified (Tier 0) portable diesel engines be registered in California? No. As of January 1, 2017, noncertified (Tier 0) portable diesel engines subject to the Portable Diesel Engine ATCM in California have been phased out or placed out of service, including those designated as low use and emergency use, and are not eligible for PERP registration. Under sections 93116.3(b)(1) and 93116.3(b)(2) of the Portable Diesel Engine ATCM, only certified portable diesel engines may operate in California. 101. What is an emergency use or low use engine? An emergency use engine is defined in section 93116.2(a)(15) of the Portable Diesel Engine ATCM. These engines can only be operated during an emergency event such as a natural disaster (flood, fire, earthquake, etc.) that affects public health and safety, or to address other emergencies including, but not limited to, the loss of normal electrical power service, pumping of water or sewage to prevent or mitigate a flood or sewage overflow, as listed in section 93116.2(a)(12) of the Portable Diesel Engine ATCM. Annual emergency use records must be maintained under section 93116.4(b)(2)(C) of the Portable Diesel Engine ATCM. A low use engine is defined in section 93116.2(a)(23) of the Portable Diesel Engine ATCM. These engines may not operate more than 200 hours per calendar year and must be equipped with a non-resettable hour meter. Annual reports reporting hour usage are due March 1st of each year for the operation during the previous calendar year; this can be accomplished by using PERP Form 55. Please see question 24 for the link to program forms. Both low use and emergency use engines may be registered indefinitely if operating in accordance with the registration’s operating conditions.
You can also read